Health and Social Care (National Data Guardian) Act 2018

2 Interpretation

(1) This section applies for the purposes of section 1 and this section.

(2) “Adult carer support” means support provided to a carer under Part 1 of the Care Act 2014.

(3) “Adult social care”—

(a) includes all forms of personal care and other practical assistance provided for individuals aged 18 or over who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance;

(b) does not include anything provided—

(i) by virtue of any of sections 23C to 24D of the Children Act 1989;

(ii) by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

(iii) by virtue of section 3 of the Adoption and Children Act 2002.

(4) “Carer” has the meaning given in section 10 of the Care Act 2014.

(5) “The health service” means the health service continued under section 1(1) of the National Health Service Act 2006.

(6) “Health and adult social care data” means information (however recorded) that—

(a) relates to—

(i) the physical or mental health or condition of an individual, the diagnosis of his or her condition or his or her care or treatment;

(ii) adult social care provided to an individual (or an assessment for such care);

(iii) adult carer support provided to an individual (or an assessment for such support),

whether or not the identity of the individual is ascertainable, or

(b) is to any extent derived, directly or indirectly, from such information.

(7) “Processing” has the meaning given in section 1(1) of the Data Protection Act 1998.

(8) “Public body” means a body or other person whose functions—

(a) are of a public nature, or

(b) include functions of that nature,

but in the case of paragraph (b), the body or person is a public body to the extent only of those functions.